Privileges and Immunities Attach to MEP at Point of Declaration of Election Results Says EU Court [1]
The Court of Justice of the European Union (CJEU) held in a judgment (currently available only in French [3] and Spanish [4]) issued on December 19, 2019, that Members of the European Parliament (MEP) acquire that status from the moment the election results are declared and therefore enjoy, from that moment, the privileges and immunities attached to that status. According to a press release [5] (in English) released by the Court, Case C-502/19 Junqueras Vie, concerned the provisional detention of Mr. Junqueras Vies, who was involved in the organization of a referendum on self-determination in Catalonia and elected to the European Parliament while in detention. The issue in the case was the interpretation of a Spanish law which required newly-elected parliamentarians to make an oath before the central election board and to travel to the European Parliament for the first session of the new parliament. Mr. Junqueras Vies had requested authorization to leave detention so that he could fulfil those requirements, but was denied. The CJEU held that: (1) a person elected as MEP enjoys the immunities of that status from the time of declaration of the results; (2) such individuals also enjoy immunity regarding travel linked to their status as MEP, which therefore gives them immunity while traveling to European Parliament meetings; and (3) travel-related immunity requires "lifting any measure of provisional detention imposed prior to the declaration of that Member's election" to allow that person to travel to Parliament meetings. However, the Court also held that, "if the competent national court considers that the measure should be maintained, it must as soon as possible request the European Parliament to waive that immunity" under Article 9 of Protocol (No 7) on the privileges and immunities of the European Union [6]. Mr. Junqueras Vies was later sentenced to thirteen years in prison and held ineligible for public office for that period.